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PROCEEDINGS AND SrEECHES 



AT A 



I^XJBLIC ISliHlETINa 



OP THE 



FRIENDS OF THE UNION, 



IN THE 



CITY OF BALTIMORE, 



HELD AT THE 



MARYLAND INSTITUTE, 



On Thursday Evening, January 10, 1861. 



BALTIMORE: 

PRINTED BY JOHN D, TOY 

1861. 



^'^Q^C 




PllOCEEDINGS AND SPEECHES 



AT A 



PUBLIC nVIKETINa 



OF TIIR 



FRIENDS OF THE UNION, 



IN THE 




CITY OF BALTIMORE 



HELD AT THE 



MARYLAND INSTITUTE, 



On Thursday Evening, Januai'y 10, 1861- 

"5 ote^;.^ . cc^w. » 



BALTIMORE: 

PRINTED BY JOHN D. TOY 
1861. 



. s 



1 



PROCEEDINGS 



The undersigned, a Committee appointed at a meeting of 
a large number of the citizens of Baltimore, held at the 
Law Buildings, on the evening of the 27th of December, 

1860, in obedience to the resolutions passed at said meet- 
ino", and in response to the request of a large number of 
our citizens, hereby respectfully invite all the friends of 
the Union, in the City of Baltimore, to attend a Mass 
Meeting of the Friends of the Union, to be held at the 
Maryland Institute on Thursday, the 10th day of January, 

1861, at 7 o'clock, P. M. 

It is expected that said meeting will be addressed by dis- 
tinguished and eloquent speakers. 

William H, Collins, 
William McKim, 
B. Deford, 
William E. Hooper, 
Joseph Cushing, Jr. 

Committee . 

Under the instructions of this Committee, Wm, McKim 
nominated as 

OFFICERS OF THE MEETING. 

PRESIDENT : 
ARCHIBALD STIRLING. 

VICE-PRESIDENTS : 

JOHN B. MORRIS, JOHN P. KENNEDY, 

GALLOWAY CHESTON, WILLIAM HEALD, 

THOMAS KELSO, COLUMBUS O'DONNELL, 

HENRY MAY, THOMAS SWANN, 

JOHN J. ABRAHAMS, WILLIAM COOKE, 

JAMES C. SKINNER, CHARLES A. GAMBRILL, 

MOSES WIESENFIELD, LEWIS TURNER, 

JAMES HOOPER, Jr. WILLIAM WOODWARD, 

JOHNS HOPKINS, HENRY D. HARVEY, 

JAMES MULLLER, ENOCH PRATT, 

CHARLES F. MAYER, JOHN B. SEIDENSTRICKER, 
SAMUEL J. K. HANDY. 

SECRETARIES I 
C. L. L. LEARY. CHARLES A. GRINNELL. 



The uoniinations of the Committee were accepted by the 
meeting with enthusiastic unanimity. 

REMAKKS OF ARCHIBALD STIRLING, ESQ. 

Gentlemen, — Before proceeding to the business of the 
evening, I beg leave to thank you for the honor you have 
done me, in calling me to preside. 

While I regret that some one, possessed of more experi- 
ence in such matters, has not been selected, I accept your 
call with pride and pleasure. 

I consider the object of this meeting, to preserve and per- 
petuate the Union, as one that ought to be dearer to every 
patriotic breast, than property or life; and should the pro- 
ceedings of this meeting aid in stilling the storm that beats 
around us, and in arresting the progress of secession, I 
shall ever regard my humble participation as the happiest 
event of my life. 

Gentlemen, I mean not to detain you by any attempt to 
make a speech. That, as you all know, is not my vocation. 

A Committee was appointed at your preliminary meeting 
at the Law Buildings to prepare the measures of business 
for this meeting. That Committee has prepared resolu- 
tions to be submitted for 3^our consideration, and have 
invited Gentlemen to address you on these resolutions. 

SPEECH OF WM. H. COLLINS, ESQ. 

Mr. Chairman, — I have been instructed by the Committee 
in charge of the resolutions to be presented to this meeting, 
to say a few Avords before offering them for consideration. 
Will I be pardoned if I do so? 

Mr. Chairman^ we are in perilous times. Our country is 
in danger; not from any foreign power, (for that we would 
know full well how to meet,) but from discontent and dis- 
trust amongst ourselves. It is the conviction of this danger, 
together with a deep-rooted love for our common country, 
which has brought you, as also this vast audience, here to- 
night. I say for our common country. 

Mr. Chairman and Citizens of Baltimore, may I ask. 
What is our country? 



Is it the State of Maryland, witli her noble Bay and 
beautiful Rivers piercing and blessing her two Shores? Is 
it her plains and uplands, her mountains and valleys, her 
thriving cities, and towns, and villages? Is it her health- 
ful climate and productive soil, her free institutions, her 
people of a brave and vigorous stock ? Is it our own beau- 
tiful city, with its industry, its thrift and its skill, its love 
of order, its comfortable homes, its throngs of loving wives 
and beautiful daughters, of manly husbands, and fathers 
and sons? Are these our country? No, sir. Maryland 
is a pure and bright star in our constellation. TAere may 
she ever remain ! True, faithful^ loyal and brave, we love 
her as our own bright_, particular star. She is our home, 
and we will watch over her welfare and honor with filial 
affection. This is natural; it is right, it is loyal. 

But, Mr. Chairman and People of Baltimore_, Maryland 
is not our country. She is but a part of it, though a dear 
and treasured part. She has an area of but ten thousand 
square miles, whilst our country contains three millions. 
She has less than a million of people, whilst our country 
numbers thirty millions. 

People of Baltimore, our country, our true country, extends 
from the great lakes of the North to the Gulf of Mexico 
and the Piio Grande in the sunny regions of the South; 
and from the resounding shores of the Atlantic, over low- 
lands and mountains, and valleys, and rivers and plains, to 
the Pacific, where we look out upon China and Japan. 

This, this is our country, the noblest, the grandest heri- 
tage which God has ever granted to one people. Capable of 
containing, and soon to be inhabited by a hundred millions 
of brave sons, this our country, if she prove true to our 
glorious Union, is destined to be the happiest, the greatest 
and the freest nation that by its great deeds has ever fired 
the poet's song, or lent eloquence to the flowing page of 
history. In arms, in arts, in wealth, in patriotism, in 
liberty, in science and in moral power, she will be the fore- 
most nation of the world. TJiis, Mr. Chairman and Fellow- 
Citizens, is the grand and glorious country to which we 
this night otfer the devotion, the undying love of our 



6 

hearts. This our country is yet in its youth. The beard 
has scarcely started on its cheek; and yet it has a history 
of Avhich we may well he proud. 

For more than thirty centuries the great Hebrew — warrior, 
leader, legislator, scholar, poet, statesman and prophet — 
stood without a rival, admittedly the grandest man of all 
the world. This our own young land, in her struggle for 
liberty, saw the majestic form of one of her own sons rise 
up into the view of the world, admittedly the greatest man 
of thirty centuries; ap])roaching nearer to, if not fully 
equalling in grandeur, the colossal jiroportions of the 
great Hebrew. With both, the love of their people was 
the grand and controlling passion. Washington, in his 
hours of despondence and devotion, (and there were many 
such,) had that same deep-rooted love of his people which 
burst forth from the lips of the great Hebrew in his im- 
passioned prayer for his countrymen: "Yet now, if Thou 
wilt, forgive their sin; and if not, blot me, I pray Thee, 
out of thy book." 

Through centuries of grandeur as well as of disaster ; 
scattered in every land, and in many o])pressed, the Hebrew 
has ever bent in reverent homage over the history of his 
great chief. For centuries, and for scores of centuries to 
come, I humbly hope our countrymen will catch with atten- 
tive ears, and treasure up in pious hearts, the parting 
lessons of our great American. 

It is to these parting lessons, which, if not written with 
the prophet's fire, are the grandest jjroduction of the 
greatest and wisest man of modern times, that you will be 
mainly indebted for the resolutions which I hold in my 
hand, and to which I trust you will give a hearty ajiproval. 

RESOLUTIONS. 

Resolved, That the unity of government which constitutes 
us one people is justly dear to us, for it is a main pillar in 
the edifice of our real independence, the support of our 
tranquility at home, our peace abroad, of our safety, of our 
prosperity, of that very liberty which we so highly prize. 



Resolved, That notwithstanding much pains has been 
taken to weaken in our minds the conviction of the immense 
value of our national Union to our collective and individual 
happiness, we still cherish a cordial, habitual and immove- 
able attachment to it; that we will accustom ourselves to 
think and speak of it as of the palladium of our political 
safety and prosperity ; that we will watch for its preserva- 
tion with jealous anxiety ; that we will discountenance 
whatever may suggest even a suspicion that it can in any 
event be abandoned ; and that we will indignantly frown 
upon every attempt to alienate any portion of our country 
from the rest, or to enfeeble the sacred ties wdiich link 
together the various parts. 

Resolved, That to the efficacy and permanence of our 
Union, a government for the whole is indispensable; and 
that no alliances, however strict^ between the parts can be 
an adequate substitute. 

Resolved, That the Government of the Union, the off- 
spring of our own choice, uninfluenced and unawed, adopt- 
ed upon full investigation and mature deliberation ; com- 
pletely free in its principles, in the distribution of its 
powers, uniting security with energy_, and containing 
within itself a provision for its own amendment, has a just 
claim to our confidence and our support, and that respect 
for its authority, compliance with its laws, acquiescence in 
its measures, are duties enjoined by the fundamental max- 
ims of true liberty. 

Resolved, That the preceding resolutions — taken from the 
Farewell Address of the Father of his Country — contain a 
declaration of principles and duties by whicli we mean to 
abide, for weal or for woe; whilst, at the same time, we 
claim that every privilege and right guaranteed to us and 
to our sister States by the Constitution can, and shall be, 
maintained under and according to its provisions; and that 
we will never desecrate the fame of Washington by the 
destruction of the Constitution and the Union, which, are 
the true monuments of his glory. 

Resolved, That various Northern States have passed laws 
usuallv called "Personal Libertv law's," which we believe 



8 

to be in violation of the Constitution of tlie United States, 
of the acts of Congress passed pursuant thereto, and of the 
sacred obligations which those States owe to our common 
country; and that we appeal to the Constitutional duty, 
the patriotism, the honor, the justice, and the brotherhood 
of the people of those States respectively, to repeal those 
lawS;, and by every way and means in their power, to put 
down the aggressions of their people on the peculiar institu- 
tions of the Southern States, as the only way to remove the 
well-founded discontents and complaints of their brethren 
of the Southern States, and which, if not removed, may 
prove fatal to our Union, as well as to all those vital 
interests which ought to bind us together as one people. 

Resolved, That the present condition of our country de- 
mands of all who love her a spirit of fairness, of candor, of 
conciliation, of concession, and of self-sacrifice ; and that we 
hail with thankful and hopeful hearts the patriotic efforts 
now being made in Congress for the settlement, as we trust 
forever, of the dangerous questions at issue, on some Consti- 
tutional, just and equitable principle ; and that such of our 
statesmen and States, whether of the North or of the South, 
as may contribute most to this holy end, will challenge the 
highest place in the affections of our country; and that those 
who may refuse to lend their aid to this holy purpose may 
justly expect, as they will be sure to receive, the condem- 
nation and reprobation of the present age, as well as of 
future ages. 

speech" OF A. W. BRADFORD, ESQ. 

Mr. Chairman and Felloit- Citizens, — In rising to second, 
as I now do, the Resolutions just offered by nw friend who 
has set down, I do so in response to the invitation with 
which I have been honored b}" the Committee, to address 
you on the absorbing topics of the day. in doing so, I feel 
the deep sense of the unspeakable importance of the subject, 
and the still deeper sense of my utter inability to do it jus- 
tice. The consciousness of that inability forces itself upon 
me at this moment still more impressively as I survey the 
vast crowd here collected, and feel how absolntely impossi- 



9 

ble it is that my voice can convey to all the little I may 
have to say. Had I consulted my own personal inclination, 
I should have declined this honor. I have for many years 
avoided the turmoil of politics, and have surveyed its an- 
nual contests only from an outside stand-point. 

If I had consulted my own inclination, I should not have 
been here to-night, but I cannot but feel that this is a fault 
to which our people have been but too jjrone — this yielding 
to personal inclination, to avoid the din and the strife of 
politics, and consequently commit some of their dearest in- 
terests to the keeping of the mere professional politician. 
Still, I doubt whether such consideration would have in- 
duced me to leave my quiet country home, to come here 
with the small mite, the very small mite, that I may have 
to offer to the conservative cause, did I not fear that I saw 
in the imminence of the peril that now stares us in the face 
great apprehensions for the future. 

My friends, the dangers at this time urgently demanding 
our particular attention are the dangers of disunion. The 
great j)eril that overshadows all other perils, is the apparent 
determination of some of the States of this Union, to tear 
asunder its government, and split up our country into two 
or more rival confederacies. How shall Maryland best act 
to avert, if possible, such a catastrophe? Maryland — the 
heart of this Union so long as it can be preserved — Mary- 
land, the Belgium of this continent, so soon as it shall be 
dissolved. Her local position, the conservative character 
of her people, their long established and well known attach- 
ment to the Constitution and the Union demand that she 
should well consider the step that is so important to her 
weal or woe. 

In order that we may act advisedly and effectually upon 
this subject, let us satisfy ourselves at the outset, as far as 
possible, of some of the latent causes which stand in the 
way of a settlement of this vexed question between the 
North and the South. These questions, my friends, upon 
their face would seem to ordinary minds to be so extremely 
easy of adjustment, and in point of any practical importance, 
to be so vastly subordinate to the mighty interests they are 

9 



10 

suffered to control, that it is impossible to believe that a 
genuine faith in their intrinsic importance is the hona fide 
actual influence now governing sectional parties at both 
ends of the Union. No, my friends. The affected sym- 
pathy for the slave upon the one side, and affected fear of 
the loss of his services on the other, are, to a great extent, 
the shallow pretexts invented simply to screen the selfish 
ambition of selfish partisans in both ends of the country. 

The jDolitician at the North, with an appetite for office, 
whetted by long abstinence, having found at last the prac- 
tical value of this pretext in bringing him to power is 
calculating, with his accustomed shrewdness, how much of 
it he can safely afford to part with without relinquishing 
the station he has won ; whilst his extreme adversary at 
the South, born and bred in office — with an appetite that 
has grown by what it has fed on — seems to have come to 
regard it at last as a sort of chartered right, eminently 
befitting a gentleman of leisure — and sooner than surren- 
der it, or sooner than risk its chance of becoming Pre- 
sident, Cabinet Officer, or Minister Plenipotentiary of the 
United States, he will carve out for himself a new poli- 
tical hemisphere, and become the President, Cabinet 
Officer, or Minister Plenipotentiary of a little Republic of 
his own. 

Let us, my friends, therefore, at the outset of our pro- 
ceedings, be assured that no lingering hope of mere partisan 
supremacy, to be either acquired or retained, mingles itself 
with the legitimate influences that should actuate our con- 
duct at the present crisis. Let us turn a deaf ear to all such 
appeals as address themselves to past political organizations, 
or anything even in the remotest degree to stir up old politi- 
cal feuds. 

I myself, my friends, have entertained, in my day, strong 
political attachments, have recognized party leaders, for 
whom I felt an almost filial reverence, and Imve, no doubt, 
like other men, been swayed by political animosities that 
occasionally have swerved my better judgment; but, if I 
know myself, there never was a day yet, in times most 
memorable for political excitement — in 1840 and 1844 — 



11 

when, if this Uuiou had been assailed and insulted, as it is 
this day, by the leader whom I most idolized, and my most 
obnoxious political adversary had said to me, "let's try and 
save it," that I would not have turned my back upon that 
idol, and grasped the hand of my adversary, in sworn 
fellowshi}) forever. 

If, therefore, we expect Maryland to exert the influence 
to which she is entitled, in saving this Union, her citizens 
must agree to forget all past political distinctions, must 
agree to surrender all lingering thoughts of revivifying that 
old party, or retaining power and office, for this and our 
conservative people, remembering only the interest they 
have in the preservation of this Union, and the peculiar 
dangers to which they will be exposed should it be dis- 
solved, must unite all their energies in the consummation 
of the glorious task before them. 

If then, my fellow-citizens, we are agreed upon this pre- 
liminary fact, that it is to the conservative men of the coun- 
try that we are to look for a rescue at this period of imminent 
peril, if the people, separating themselves from scheming 
politicians and divesting themselves of old partisan ties, 
have made up their minds to put forth their strength to 
save the Union, the question is: "How shall that strength 
be best exerted ? In what direction shall their batteries be 
pointed? Upon this my own convictions arc clear and 
decided. 

To such a condition, my friends, has this bitter sectional 
feud, has this partisan controversy, been at last reduced, 
that if the national men of the country expect to exercise 
their due weight in quelling it, they must each address 
himself to the task of rebuking this sectional violence in 
that particular section to which he may belong. Suppose 
that the conservative men at the North — and I am happy 
to know that there are thousands still to be found there — 
suppose that they, through their presses and in their 
assemblies, overlooking the unconstitutional aggressions 
committed by their own citizens, were to confine their 
denunciations to the revolutionary violence of the Southern 
seceders, whilst such a course would but aggravate tliat 



12 

violence, their own political fanatics would feel themselves 
encouraged by such an imjjlied endorsement in obstinately 
refusing to repeal their unconstitutional legislation. 

But the conservative men at the North are pointing their 
arguments and appeals in a different direction. Every 
where their conservative presses and national men, of all 
political complexion, are directing their anathemas against 
the reckless obstinacy of their own destructives, and its 
good effect is manifest in bringing some of the most influ- 
ential of the Eepublican journals to advocate the repeal of 
their obnoxious legislation, and is still more forcibly and 
practically apparent in the defeat of the Republican candi- 
dates, and the election of sound national conservative men 
in some of the strongest Republican districts. 

Whilst^ therefore, our co-operators at the North are 
directing their assaults chiefly against the aggressive vio- 
lence of the abolitionists, let us, the conservatives of the 
South, and particularly us, the conservatives of Maryland, 
concentrate the whole force of our efforts upon those open 
revolutionists at the South^ now contemptuously defying 
every authority of the Government. 

Let us not, my friends, weaken the effect of these efforts 
by pausing to inquire into the primary cause of these sec- 
tional parties — by wasting all our strength upon the North- 
ern aggressor as the earliest wrong-doer. When the master 
finds his ship just upon tlie brink of the breakers, he does 
not stop to inquire how she came there, or whose was the 
fault — whether it was the neglect of the pilot at the wheel, 
or the false light of the wreckers on the beach, but he calls 
all hands around him, and puts her about if jjossible, ere 
she makes the last fatal plunge into the fearful gulf beyond. 
Such is the character of the peril which brings us together 
here this evening. One link in the bright chain in which 
our glorious States have been united claims to have pulled 
itself loose from the others, and it is our purpose to save 
as many as possible of those that still remain. I can 
hardly realize the fact, my friends, that the day has come 
when it is necessary to address you, the people of Mary- 
land, arguments to keep you within the Union. 



13 

When in the course of the late Presidential canvass it 
was sometimes suggested that some of the Southern politi- 
cians had connected themselves with an ultimate design 
upon the integrity of this Union, the intimation was every- 
where met with indignant scorn and denial ; and some of 
those against whom the imputation pointed were brought 
from the extreme South and stumped the State, it would 
seem, for the express purpose of correcting this impression. 
The imputation was denounced as a mere political tricky 
invented without authority to operate upon the votes of 
Union-loving Maryland. 

But yet, in fifty days from the election in which we were 
then engaged, not only are the very men against whom 
these imputations pointed, found in open revolution, but 
many of those who here denounced these imputations as 
political calumnies, are justifying the revolutionary pro- 
ceedings, and using all their efforts to unite Maryland in 
the same rebellion. Various false issues have been framed. 
New and visionary theories invented, and a new republic is 
contrived, in which Maryland and her commercial metropolis 
are made to assume a conspicuous part_, in the hope that, 
by such procedure, she may be warped into that measure. 
We hear a great deal about the sympathy due from Mary- 
land to the Cotton States of the South, whose right of pro- 
perty has been assailed by Northern legislation, and in 
which description of property we have a common interest. 
The State of Maryland, without regard to questions of self- 
interest_, will be always ready to render sympathy towards 
any community suffering under oppression. But when we 
speak of those mutual sympathies existing between the 
Cotton States and ours in relation to the subject of slavery, 
and of the mutual obligations subsisting between them, 
there seems a strange inclination to reverse the natural 
current of their sympathy and those obligations. 

If South Carolina, or any of her immediate neighbors, 
were situated as we are^ with one hundred miles of terri- 
tory running side by side with a Free State, with nothing 
running between us but a mere imaginary line, and if we 
occupied her position, with no foot of territory within one 



14 

liiindred and fifty miles of a Free State, and witli a double 
tier of Slave States surrounding us on the North, we could 
then understand and appreciate, and under such circum- 
stances would be ready to render the sympathy that would 
be justly due from Maryland to South Carolina; and for 
the same reason do we claim that whatever agency sympa- 
thy is to exercise in controlling the actions of our respective 
States, should exert its influence chiefly upon them, and 
teach them that consideration that is due to us, who have 
ever been doing a sentinel's duty, and encountering a sen- 
tinel's danger under the very ramparts of the Northern 
aggressor ? 

Can her losses be compared to ours ? I will venture to 
say that no single one of the Cotton States^ since the first 
day of their existence, ever lost so many slaves as Mary- 
land has done in a single year. Are their sons so much 
more enterprising than ours, that they feel more seriously 
than we do the want of a place for their surplus popu- 
lation in the vast Territories of the far AVest ? Again, I 
venture to say, that where one of the sons of the South 
ever left its rich Savannah, to seek a home outside of the 
borders of his native State, a hundred of the hardy sons 
of Maryland have abandoned their old fields to seek their 
fortunes in those far oft" regions. 

In every one, therefore, of the subjects of complaint^, 
now so convulsing the extreme South, the burden of the 
injury has fallen upon our own good State. Is she so much 
less sensitive to all just considerations affecting either her 
right of property, her personal honor, or her State pride, 
that she has only to be awakened to the sense of these 
rights when South Carolina has pointed them out, and can 
find no remedy for their redress but the reckless one she 
herself has prescribed? We are officially apprised that 
the Governors of South Carolina and Mississippi have 
each recommended the adoption of restrictive and pro- 
hibitory laws, by which they shall interdict the intro- 
duction of slaves from any of the Border States refusing 
to join in this Southern Confederacy ; and this, if recom- 
mended, with the express purpose of so hampering us 



15 

between Northern aggression on the one side, and closing 
all outlets for escape on the other, that we shall he forced 
to submit either to that loss, or unite in the South Carolina 
Confederacy. That is the legislation proceeding from a 
Slave State, to operate upon the citizens of a sister Slave 
State, to force them to hoist the disunion banner. 

Will Maryland, under the existence of such a menace, 
follow any such leadership ? And especially a leadership 
that lands us upon some unknown shore, with the waves 
of revolution breaking all around us. No, my friends, I 
claim not to be more patriotic or self-sacrificing than the 
most of you ; but so far as my personal interests are con- 
cerned, they have perhaps suffered as largely as any of 
yuo. Within the last twelve or thirteen years, twelve full 
bodied slaves, belonging either to myself or my immediate 
family, worth about $15,000^ and comprising four-fifths 
of all that we owned in the world, found their way to 
the Free States, and though much pains and expense have 
been undergone in the attempt to get them back, nut one 
of them was ever recovered. Yet^ sooner than be com- 
pelled to follow in the wake of South Carolina, and submit 
to her leadership and her menacings, and put Maryland 
in the condition of a Border State of a Southern Confed- 
eracy, subject to all the horrors of a border warfare, and 
all the civil, social and political calamities of a divided 
Union, if these fugitive slaves were standing here to-niglit, 
with their value twice as great as it is, I would send tliem 
back to their abolition allies, and think I had purchased at 
a cheap price my riglit to remain a citizen of these United 
States. 

One more word, my friends, upon this Utopian scheme 
of a Southern Confederacy. The details of this plan seems 
so far to be put forth with much caution. There is good 
reason to believe that the seceder has found means to suc- 
ceed in persuading some who take but a superficial view of 
the subject of the feasibility of some such plan in awakening 
a vague hope of the advantages which we are to derive from 
it. Indefinite and unexplained notions of a certain metro- 
politan importance, which Baltimore is to acquire under 



16 

their new dynasty, are sounded in the ears of her citizens ; 
hut a moment's consideration must exhibit its fallacy. I 
would like to know what is the aggregate amount of all 
the trade Baltimore enjoys from all the Gulf States known 
as the Cotton States of this Union. I have not the means 
of accurately determining, hut I am satisfied it is a com- 
parative trifle. We all know that sundry efforts were made 
from time to time, within the last few years, to establish a 
single steamer between this port and Charleston, which 
proved abortive. 

I will venture to say that three-fourths, if not nine- 
tenths, of all the goods purchased on account of the Cotton 
States in ports north of Virginia, find their way to New 
York, notwithstanding their complaint of New York, 
and Northern aggression being such an oppression to 
them that they cannot find refuge within this Union. 
Who shall estimate the loss of your trade connected with 
the vast empire of the West. For more than a quarter of 
a century you have been submitting patiently, through toil 
and taxation, to complete your great works of internal 
improvement, and now, when they are all consummated, 
and when the great lakes of the North, and the mighty 
valleys of the West, with their fruitful warehouses of trade, 
have been brought into direct and immediate connection 
with your. doors, do you mean, by the formation of this 
separate Confederacy, to declare that the West, as well as 
the North, shall be a distinct community from you — that 
the terminus of every rail road you possess shall be here- 
after in a foreign State, and the whole current of your great 
Western trade be carried along the Philadelphia and New 
York lines to what will then be their only home market. 

The true subjects of complaint are the one connected with 
our territorial status, and the other growing out of the 
Northern obstruction of the Fugitive Slave law. These 
subjects were engrossing the attention of Congress, and the 
speaker believed that some amicable adjustment would be 
made ; but you do not find a single extremist from the 
South that has consented to be satisfied with any measure 
of compromise so far suggested. It will ultimately no 



1^ 

doubt prevail. The distinguished and venerable old man 
of Kentucky, the Nestor of the Senate, with his brave 
heart encouraged by the eleven thousand signatures with 
which you here recently fortified him, will no doubt per- 
severe in his course until a great good is accomplished. 
We can sometimes understand and appreciate the conduct of 
a brave man, when borne down by a stress of numbers that 
he cannot meet, is compelled to relinquish what is com- 
mitted to his custody. A gallant commander in a belea- 
gured fortress surrounded by an exasperated populace, may 
retreat to some more commanding point; but before he 
does so, he spikes his guns and takes his ammunition along 
with him. But here it is proposed to surrender our whole 
right in the Territories, without striking a blow to the very 
parties of whose usurpations we complain on the ground, 
that unless we do, they may at some future day come and 
usurp it. 

The Speaker next reviewed the effect of this separate 
Southern Confederacy upon the Slave property of Maryland. 
When all Constitutional barriers were broken down, when 
there were no tribunals, and all questions of boundary were 
trampled under foot, what assurance could weaker com- 
munities have from the oppression of their Northern foreign 
neighbor? Once cut loose from the moorings of the Con- 
stitution, and no man can foresee whither we shall drift. 
I cannot believe that a community who have always ral- 
lied to the defence of the Union, no matter under what 
disguise its assailants cloak themselves, will fail to come 
to its rescue now. When in December, 1832, the hero 
of New Orleans — the gallant defender of this Union — issued 
his proclamation declaring his purpose to execute the laws 
and maintain the Union, and calling upon Union-loving 
men and law-abiding men to aid him in his purpose, where 
was the man found that did not profess himself ready and 
willing to stand by him to the last? And when, in the 
ardor of his patriotic wrath, he swore that this Union should 
be preserved, where was the heart that did not beat high at 
the thought that he had such a country to preserve, and 
such a captain to preserve it? 



18 

The stand which that old hero took at that time com- 
pletely disarmed all his former political opponents, and 
when he afterwards was gathered to his fathers, full of 
honors, he was lamented by the whole nation, but never so 
much as at present. Where is the man at this time pre- 
pared to reverse the judgment which public opinion then 
pronounced upon the patriotism of that act? Where is the 
political follower of his among the thousands of Maryland, 
who are in the habit of rendering to him an annual tribute 
by stereotyping upon their ballots his well known features, 
that will again venture to look upon that face, when he re- 
members that he has aided in spreading a heresy which he 
so effectually denounced, and in severing a Union which he 
would have sacrificed his life to save? 

One of the false issues, artfully arranged by the seceders, 
consists in so presenting this question as to give it the ap- 
pearance of a question between the North and South. Such 
is not the case. If the people of this country possessed the 
Constitutional power to divide it, and in pursuance of such 
power were mutually to agree to such a division, separating 
it into a Northern and Southern Confederacy, then, indeed, 
we would be fairly called on to determine between them, 
and would not, probably, long hesitate in our choice; but 
such is far from the case. The question, truly presented, is : 
When a State, in the assumed exercise of a right which we 
can never admit — the right of secession for any fancied 
cause — undertakes to march out of the Union, shall we fol- 
low her, or remain in it? It is not a question between 
North and South, but a question between the United States 
and the South Carolina Confederacy. Shall we continue 
under the old flag of the one, or swear a new allegiance to 
the Palmetto banner of the other? 

It is idle to say that a United States no longer remains 
to us, because one, two, or a half a dozen that were recently 
united with us, have determined to take their leave. A 
ship is still a ship, though a few of her studding sails have 
yielded to the passing hurricane and been blown away. 
And whilst the hull and masts and spars and sails still 
continue amply sufficient to keep her gallantly afloat, we 



19 

will never give her ii[). The time is coming when these 
outo-oine; States will stand in actual need of all that sym- 
pathy can do for them. Let us remain where we can etfec- 
tually exert tliem — continue at home rendering our duty to 
the paternal government, and receiving the shelter of the 
paternal roof, and when those wlio have wandered off shall 
have wasted their suhstance and turned their faces once 
more homeward, we will be there the first to kill the fatted 
calf and welcome hack the returning prodigal. 

It is a point almost universally conceded in Maryland, 
that the only right which can be invoked to the support of 
the present disunion movement, is that ultimate right of 
an oppressed people — the riglit of revolution— and it is 
possible that the day may come when those Northern 
aggressions may reach the point of such an oppression as 
to justify this last resort. 

But where are the signs of such an oppression now existing 
as to justify such a revolution? Where on God's fair earth 
can another people be found so powerful and prosperous, 
united under a government so free. 

Our very abundance, if not our much learning, would 
seem to have made us mad. We are like an ungrateful, 
who never knew what sickness was ; who has been blessed 
with a lifetime of vigorous health, without ever pausing to 
appreciate its blessings, until some withering disease at 
last, contracted by his own blind and headstrong course, 
opens his eyes to the blessings he had wasted, and leaves 
him forever afterwards a stricken monument of his own 
egregious follv. 

There has always seemed to me an ardor about an Ameri- 
can's patriotism, exceeding that of other people — a hearti- 
ness about the greeting with which he recognizes his coun- 
try's flag wherever found — an involuntary identification ot 
himself with all who are found beneath it — that bids me 
hope the day is yet distant when he will submit to see it 
supplanted by any other. W^ell may it be so, for where is 
the other to be found that through long ages has ever won 
or worked its way to such renown as it has achieved within 
the memory of living men. Who will consent to see it now 



20 

struck? and those national airs, too, that never, from our 
nursery days, could we listen to without keeping time to 
their measures with both hands and feet — the Old hundreds 
of our country's minstrelsy — who will consent to see them 
now expunged from one of our national hymn hooks? Let 
us, my friends, cherish all these time honored emblems 
with warmer love than ever. And wlien to their inspiring 
influences our country shall once more rise above the moun- 
tain wave of faction, against which she is now struggling, 
let us cheer her on in the language of an American poet:> 
bidding God speed 

-'to that old ship of Stale. 

Sail on our Union, fair and great; 

Humanity, With all its fears, 

With all its hopes of future years — 

Is hanging breathless on thy fate, 

Wo know what master laid thy keel, 

What workmen wrought thy ribs of steel ; 

Who made each mast and sail and rope, 

What anvils rang, what hammers beat, 

In what a forge and what a heat — 

Were shaped the anchors of thy hope. 

In spite of rock and tempests roar, 

In spite of false lights on the store. 

Sail on, nor fear to breast the sea ! 

Our hearts, our hopes are all with thee. 

Our hearts, our hopes, our prayers, our tears, 

Our fiiith triumphant o'er our fears. 

Are all Avith thee — are all with thee ! " 



SPEECH OF HON. REVERDY JOHNSON. 

Mr. President and Gendemen of Baltimore : — For this 
cordial and warm salutation^, you have my most sincere 
and grateful thanks. Although willing to refer it in some 
measure to feelings of personal kindness to myself, I prize it 
the more, infinitely the more, from the assurance it gives me 
that you believe I am, as I know you are, attached, devo- 
tedly attached, to the Union our fatlicrs bequeathed to us 
as the crowning work of all their trials, struggles, perils, 
in the miglity Avar which, ending in our independence^ 
animated and strengthened the hopes of human liberty in 
the bosoms of its votaries in all tlie nations of the earth. 



21 

As long as tliey were spared to us, that work, under then- 
superintending vigilance and patriotic wisdom, was pre- 
served in its perfect integrity. No false local ambition was 
suffered to mar it; no unfounded^ heretical doctrine of 
State rights was permitted to overturn it. No vandal hand 
dared to strike at it. No traitorous heart — if in those 
days there was one — ventured to breathe even its destruc- 
tion. They died — and thank God that it was so — in the 
full belief that that priceless legacy would be valued by 
us as they had valued it, and forever transmitted in its 
entirety as complete and absolute as they left it. Their last 
moments were made happy in the conviction that the free- 
dom they had won and secured, and preserved, would be 
immortal. They no doubt too supposed, as well they 
might, that the faults of a frail nature, whatever these 
may have been, would in mercy be blotted out of the record 
of Heaven's chancery, in consideration of the mighty 
achievement of striking down tyrranny, and establishing 
enlightened, constitutional freedom, by a form of govern- 
ment admirably adapted, if honestly administered, to 
'^ establish justice, insure domestic tranquility, provide 
for the common defence, promote the general welfare, and 
secure the blessings of liberty" to themselves and their 
posterity. 

Fearless as they were, boldly as they faced death in every 
battle field, nobly as they defied the mighty power of 
England, then almost the mistress of the world, and glo- 
riously as they triumphed over it — philosophically as in 
the closet and at the council board they meditated on the 
future of their country — they could not bring themselves, 
they had not the heart — to look to that future wliich would 
be its condition if the Union, intended to be consolidated by 
that Constitution, should ever be destroyed. If in a moment 
of temporary despondency the thought flitted througli the 
mind, the constant prayer was_, that their eyes should be 
sealed in death before the happening of the dire catastroptiy. 

The immortal author of the Declaration of Independence, 
a States-rights man of the strictest sect, and as sincere and 
as zealous a friend of human freedom as ever blessed the 
world, whilst in such a moment indulging the apprehen- 



22 

sion, had for himself but the consolation of an antecedent 
grave. ^'My only comfort and confidence (said lie in a 
letter to a friend, on the 13th of April, 1820,) is that I shall 
not live to see it; and I envy not the present generation the 
glory of throwing away the fruits of their fathers' sacrifices 
of life and fortune, and of rendering desperate the experi- 
ment which was to decide ultimately whether man is capa- 
ble of self government. The treason against human hope 
ivill signalize their epoch in future history as the counterpart 
of the medal of their predecessors." 

That "human hope" even now, before the entire genera- 
tion is gone, whose noble deeds and consummate wisdom 
kindled it into ecstatic strength, is losing its fervor. De- 
si)air rather — sickening, frightful despair — is taking its place. 
The heart of the good and true men of the land, in every 
corner of this ocean-bound Republic^ beats with trembling 
solicitude lest that hope is now and forever to be blasted. 
It fears, and it has reason to fear, that the fondly cherished 
experimant may now be ultimately decided. That it may 
now be proved that self-government is not within the capa- 
city of man. 

Let it be our purpose, as I know it is our ardent wish, 
to take counsel with our countrymen, our brothers. East, 
West, North and South, patriotism knows no latitudes, who, 
true to the teachings of a noble ancestry, cling as we do, 
with unfaltering attachment, to the Union they gave, and 
so commended to us, as the ark of our political safety. 
Who faithful to all, yes, to all the obligations which that 
Union imposes, or was intended to impose upon States and 
citizens, and to all the rights and the powers it confers on 
the united whole, are, with us, resolved, by prudent coun- 
sels, patriotic efforts, gratitude, reverence for the great dead, 
solicitude for the peace, happiness, honor of the living pre- 
sent, love for the countless generations, that are to follow, 
and respect for the opinion of the world, already condemn- 
ing us, even in anticipation, of our possible ''treason 
against human hope," are willing, anxious, resolved to 
sacrifice individual opinion, yield conflicting prejudices, 
frown down party plottings, stifle the grating voice of the 



zo 



demagogue, tread intii nothingness tlie political partisan, 
drive into exile the designing traitor, and in an elevated 
and patriotic and fraternal spirit, resolve to amend what 
may be defective, define what may be, or esteemed to be 
doubtful, in the sacred charter of our liberty and the 
source of our present prosperity and power and world-wide 
fame, so as to extinguish the nation's fears, electrify with 
delight unspeakable its patriotic heart, and ydace it upon a 
foundation so deep and impregnable that tlie most skeptical 
will pronounce the danger over, and the world see tliat this 
generation, like the last, is incapable of '-'treason against 
human hope," and will never have a counterpart of the 
medal our ancestors left us, as their proudest boast, the 
emblem of their conviction that "^man is capable of self- 
government," and that with us it can only be successfully 
demonstrated, by preserving, in all its purity, "^the unity 
of government which constitutes us one people," and, with 
unsleeping vigilance, guarding it through all time as "a 
main pillar of the edifice of our real independence." 

And I have an abiding faith, if time is given for such 
a consultation, that all will be well, and American citizens 
everywhere, as in the days of our fathers, be brought to 
know and hail each other but as' brothers — jojnt-heirs of a 
common inheritance of constitutional freedom, co-workers 
in the almost holy purpose of so using and maintaining it 
as to challenge the admiration and command the imitation 
of the Avorld. 

I have said, gentlemen, that its founders intended the 
Union to be pei'petual. This is evident from the causes 
which induced it, and equally evident from the Constitution 
itself which accomplished it. 

It is necessary, perhaps, to a just understanding of the 
difficulties which surround and embarrass us, that this 
should be clearly understood. And although the imme- 
diate occasion would not justify or admit of a full examina- 
tion of the subject, you will, I hope, not think it amiss if I 
submit to you a few suggestions in regard to it. Before, 
and for nearly two years subsequent to the Declaration of 
Independence, the struggle was maintained by union alone. 



24 

No Colony or State then dreamed of carrying it on, only 
by itself or for itself. Common danger — a common canse, 
and a common end, united them in that immortal conflict, 
as closely, practically, for a time, as the present Constitu- 
tion unites us. 

It was soon found, however, that that bond was not to be 
relied upon, and the articles of confederation, agreed upon 
by Congress in November, 1*7*77, and ratified by every State 
in March, 1*780, took its place. 

Tlie object of these was to render the Union more secure, 
by vesting in the General Government the powers then 
deemed necessary to that end, and for its continuance for- 
ever. A few years' experience, however, demonstrated 
their defects. These, too, were found to be fatal to its 
wholesome operation and its perpetuity. What these were, 
your recollection will readily recall to you. The great, the 
leading one, you will remember, was that the principal 
powers were made to depend for their execution on the 
States as States. That this was destructive of the purpose, 
soon became evident. State pride. State policy, State pre- 
judice. State rivalry, supposed conflicting interests, made 
some of the States oblivious to the obligations of their com- 
pact. It was but a compact. It was called in the third 
article a "league." The thirteenth stipulated that it 
should "be inviolably observed by every State," and that 
the Union "be perpetual." But this was mere promise. 
No means were provided for its enforcement. Each State, 
as a Sfcde, retained its sovereignty, freedom and indepen- 
dence, and every power, jurisdiction and right not expressly 
delegated. 

The whole constituted but a compact, a treaty, between 
the States, as such. No authority was given the Govern- 
ment to act directly upon the people. They, in each State, 
could only be eff'ected by and through State sovereignty. 
The powers were in themselves apparently comprehensive 
and adequate. • The vice was the absence of sufiicient means 
to enforce them. For want of this instrumentality they 
failed. It was soon seen by the patriotic statesmen of the 
day that this defect was fatal to union. Experience hourly 
demonstrated it. Union, however, was not to be abandoned. 



9r. 



Nor was that only hope of preserving our freedom and our 
happiness abandoned by them. They early took steps to 
avert it. The result was the present Constitution of the 
United States. Does that correct the chief, the ruinous 
defect of the confederation ? That it was adopted with that 
view we know. Has it accomplished it? If it has not, the 
failure, until now, has not appeared. So far it has proved 
capable, by its own inherent energy, to execute its own 
powers, and protect itself by its own means. 

The fancy, it is but a fancy— it is not entitled to the dig- 
nity of being called a theory— that this, like the former, is 
but a compact which can only be practically enforced under 
State assent, and at anytime be legally terminated by State 
power, until recently has never seriously been maintained. 
Some years ago South Carolina, that gallant State of vast 
pretensions but little power, though apparently in her own 
conceit able to meet the world in arms, ventured to act upon 
the fancy. In that day, however, statesmen ruled over us, 
an iron and patriotic will wielded the Executive power, and 
the Senate chamber was filled with the counsels of Webster. 
There it ventured in January, 1830, to assert its soundness. 
A favored son of the State, with South Carolina's reckless, 
unreflecting daring, was bold enough to challenge the 
great expounder to the contest. Right nobly, too, did he 
conduct himself, but his cause was bad — his fate and the 
fate of his cause was known in advance — they were alike 
sure of the same destiny — signal, signal defeat. On the 
26th of that month the great Northern statesman spoke as 
no man ever spake before, and the doctrine and its gallant 
champion fell together. That speecli, too, did more than 
make the name of Webster immortal. It achieved more, 
much more, than a triumph over the Southerner and his 
fancy. It fired the patriotic heart of the country. It made 
it rejoice that that country was ours, then and forever. It 
planted deep, deep in ''every true American heart" that 
sentiment so vital to our duty, our honor, our fame, our 
power, our happiness, our freedom, "Liberty and Union, 
now and forever, one and inseparable." 
4 



26 

The fancy, however, is now revived. Gentlemen in the 
puhlic councils, of rare ability, are perverting that ability to 
maintain it. The public mind of the South to an alarming 
extent is being deluded by it. Treason, under its supposed 
protection_, is being perpetrated. The Union is attempted 
to be severed by it, and it is producing its natural results — 
solicitude, distress_, agony inconceivable at home, and un- 
exampled wonder^ and our shame, degradation abroad. 

The defences of the nation, erected at enormous expense 
out of a common treasure, for the protection of common 
rights, are being seized. Our glorious national airs hissed, 
derided and execrated, under its authority. The Iflag, the 
glorious flag that never yielded to a foreign foe^ is shame- 
lessly being dishonored^ torn to pieces^ trodden to the earth 
by the very children of the fathers who adopted it, went as 
brothers together to battle — to death — or to victory under 
its inspiring^ sacred folds; and bequeathed it as the emblem 
of a common brotherhood, a common destiny and a common 
freedom. A doctrine leading to such consequences cannot 
be true. Our great patriotic dead never could have left 
such a doctrine to us. It was that very vice existing in the 
Confederation, and found to be leading to just such results, 
which they designed to correct and annihilate by the Con- 
stitution. Compact^ league, power only to be exerted upon 
States, was that vice? Is this, in spite of their purpose, 
and what they evidently supposed they had accomplished, 
still in the Constitution? 

Wiser, greater men_, more accomplished statesmen, have 
never lived before or since. How could such men have 
made such a failure ? The question almost answers itself. 
The very supposition slanders their memory. But the work 
itself, in almost every line of it, demonstrates its injustice 
and absurdity. "A more 'perfect Union" is stated in its 
very first line, to be its object. "Justice"' for all, "domes- 
tic tranquility " for all, "the common defence,'' "the gene- 
ral welfare,"' are stated as the ends of such Union, and, as 
the means of securing it, it says, "we, the people of the 
United States," not of any one State, but of all in the ag- 
gregate, "do ordain this Constitution for the United States 



27 

of Anioricaj" not tor the States separately, but for all as 
one; not a league or eompact, but a Constitution, a Govern- 
ment. 

And then mark its powers. By the first section, first 
article, ^'all legislaiive powers herein granted" are vested 
in Congress. The power to lay and collect taxes, duties, 
imposts and excises, to pay tlie debts and provide for the 
common defence and general welfare of all, with no distinc- 
tion or limit as to the first, and no other as to the rest, but 
that they "be uniform throughout the United States, is 
granted; the power to borrow on the credit of all, to regu- 
late commerce with foreign nations, among the States^ and 
with the Indian tribes; to coin money and regulate its 
value, to punish certain crimes, treason included, against 
the United States; to declare war, to raise and support 
armies, to })rovide and maintain a navy, to provide for call- 
ing the militia to execute the laws of the Union, suppress 
insurrection and repel invasion; for organizing, &c. the 
militia, and a variety of other powers, in their nature 
exclusive, and wholly independent of State power or sove- 
reignty, exerted in any mode, whether by State or people, 
are granted. 

All executive power, too, is vested in the President with 
no limitations whatever any way dependent on State autho- 
rity, and all judicial power in a judiciary, in and over every 
variety of case involving the authority of the United States, 
or the individual rights of person and property, and obliga- 
tions of the United States intended to be secured or imposed 
by the Constitution, and finally these powers are all to be 
enforced, not on the citizen through his State, but upon tlie 
former directly. 

It follows, consequently, that the offending citizen cannot 
rely as a defence on State power. His responsibility is to 
the United States alone. His allegiance, his paramount 
allegiance, out of which the responsibility springs, as to all 
these powers, is to that Government alone. His State can- 
not legally protect him or stand in his place. Her prior 
sovereignty as to this was extinguished by the act of the 
people in adopting the Constitution, never again to be 



28 

resumed under that instrument. A State or the people of 
a State may attempt its overthrow, but tlie attempt is trea- 
son if made with force, it being a "levying war against the 
United States," an act defined to be treason by the third 
section of the article. 

But it has, in these degenerate days, recently and even 
in Congress, and witli great gravity and apparent confi- 
dence, been insisted in support of the right of secession 
that as secession, in fact, places a State out of the Union, 
there is no power in the General Government to prevent it 
in advance, or redress it if done, because it has no powers 
that are not granted, and the power to make war upon a 
State is not granted. 

Admitting, for argument sake, that this is so, and that 
being so, no remedy exists, would this justify or excuse the 
act? That the State and her people are subject to all the 
obligations of the Constitution is clear. Its legislative and 
all its Executive and judicial officers are in express terms 
hound by oath to support the Constitution. 

This oath is not fulfilled by secession. That, inten- 
tionally violates and destroys, instead of supporting. She 
has, too, incurred under it, liabilities in common with her 
sisters. These have been contracted by all and for all. 
Treaties are made, debts are contracted, fortifications, 
arsenals, a navy_, navy yards, custom houses, a capitol^ an 
executive mansion, court houses, and other public buildings, 
light houses, post offices, are constructed at enormous expense 
with the money of all, for the benefit of all. Immense ter- 
ritory has been acquired in the same way, or by joint valor. 
Does the seceding State get clear by secession of these trea- 
ties and debts ? Does she take with her any, aiid, if any, 
what interest in the public property ? That which is within 
the limits of the States was acquired with the consent of 
each, and which, under the very language of the Consti- 
tution, not only makes it, thenceforth, the property of the 
United States, but clothes them with the right of exclusive 
legislation over it. Thenceforth such portions of her ter- 
ritory ceased to be hers, and as effectually as if it never had 
been within her limits, and became eo instant i — the cession — 



29 

the sole territory of the United States, and liable to their 
exclusive legislative power. The State, after this, has no 
interest in it, except as she is a State of the Union, and only 
so Ions: as she remains within the Union An act attended 
with such results to her sisters and herself, absolving her 
from responsibility for joint contracts, and depriving her of 
all interest in property and joint acquisitions, and defences 
necessary to her protection, finds no warrant in the Consti- 
tution—none whatever. It is, therefore, wrong and illegal. 

Admit then that the Constitution is so defective as to be 
forced to submit to it, does that prove the act right or legal ? 
Its illegality, its gross violation of duty, its perjured viola- 
tion on the part of those who are under an oath to " sup- 
port " the Constitution, are not the less censurable and 
illegal because there may be no provision for its punish- 
ment. Is there no obligation in duty ? Is morality not a 
virtue — immorality a crime ? Is patriotism an empty 
phrase? Is treason the less treason because there is no law 
or tribunal competent to arrest or punish it ? Let the world 
judge, as it ivill, the teachers of such a doctrine. Do you 
doubt its judgment? Good men may for a time lash 
themselves into passion, overwhelm reason, and give them- 
selves up to the wildest license ; but as Heaven is just and 
as opinion is enlightened, the victims of the madness of the 
hour will soon see the estimate whicli the civilized world 
will place upon their conduct, and shrink with remorse from 
its sentence. 

But the Constitution is not thus fatally impotent. It is 
true that it contains no power to declare war against a State, 
but it has every power for the execution of the laws and the 
enforcement of their penalties. It goes against the individ- 
ual offender. It makes no appeal to State power to protect 
it. For that end it is self-sustaining ; it is its own protec- 
tor. If the State places herself between the United States 
and the offending citizen, and attempts to shield him by force 
of arms, it is she who declares war upon the United States, 
not the United States upon her. In such a contingency, 
the force used by the latter, and whicli they have a clear 
right to use, is not in attack but in defence ; not war, but 



30 

the rightful vindication of rights against unjustifia))lo and 
illegal assaults. 

It is further maintained that the light to secede actually 
exists because although it be wrong, it is one that cannot be 
punished through the only legal proceeding known to the 
Constitution, and for this the sixth amendment is seriously 
relied upon. That provides that " in all criminal prosecu- 
tions the accused shall enjoy the right to a speedy and pub- 
lic trial by an impartial jury, of the State and district 
wherein the crime shall have been committed," &c.; and it 
is said that, as in a seceding State, the Judiciary of the 
United States is abolished by State power, and her people 
are with her in feeling, or by their allegiance bound to fol- 
low her, whether approving her course or not, there can be 
no such trial as the Constitution secures to the offender. 

If this is so, and is ever to lemain so, does it divest the 
United States of the power admitted to exist before seces- 
sion, of arresting the offender and holding him until he 
can be tried. The clause assumes, as is always tlie case, 
arrest, accusation first and trial afterwards. The first can 
be made peaceably, or, if necessary, by force. Suppose it 
done. Is it illegal because the right to a speedy trial can- 
not be enjoyed? If not, why not? The fault is not with 
the United States, but witli the State under whose usurpa- 
tion the party has offended. She, bj her act, has deprived 
him of the right. Is he to be discharged on that account? 
Novel doctrine ! The State commits treason against the 
United States; all her citizens participate in it; the Courts 
of the United States are closed ; the Judges exiled. The 
people are prohibited by force from performing their duties. 
The offender cannot, and for that reason only, be tried. 
The act is clearly a revolt, and yet it is said that that very 
treason and revolt in which the party accused is an actor, 
entitles him to impunity, because the very crime itself de- 
prives him of the right to a speedy trial in the State where 
he perpetrated it. 

To such of my professional friends as may be present, I 
put it to answer, if they think a ground like that, in the 
judgment of the esteemed and able Chief Justice of the 



31 

United States, would suj^port an application for a habeas 
corpus. Would any of you, regardful as I know you are of 
your reputation, venture to make it? And yet, Senators 
have ventured to make it. Truly has it heen said, with 
what little wisdom is the world governed. 

Further, what is true of treason is equally true of any 
other crime, and is applicable alike to States and to the 
United States. Nearly all, if not all, the Constitutions of 
the former contain a provision that the offenders he tried only 
in the vicinage where the offences are charged to have been 
committed. Are they to go unpunished — to be perpetrated 
with impunity — if, from local partiality or prejudice, a fair 
trial cannot be had? Gambling houses, cock-fighting, 
racing, may be fashionable amusements, though prohibited 
by law. The law is violated — the offence of constant occur- 
rence — the whole country sanctions it, deem the prohibition 
tyrannical and put it at defiance. Has the State no right to 
enforce it? No^ says the perpetrator — no, says our modern 
jurist. The right to punish is gone, because the power to 
punish, from the very prevalence and fashion of the crime, 
does not exist. A trial can only be constitutionally had in 
the county or district Avhere the offence is committed, and 
there it cannot be had, as there all are offenders, and they 
will not sanction or suffer its punishment. 

What do we know has occurred? The United States, by 
the very letter of the Constitution, are authorized to pro- 
hibit, by punishment, the African slave trade. They are 
also empowered, in order to preserve the peace of the coun- 
try, and maintain its honor, to restrain our citizens from 
warring upon other nations Avith whom we are at peace. 
Laws for both purposes have long existed, and their Con- 
stitutionality never questioned. The trade has, neverthe- 
less, been carried on, and hostile enterprises set on foot. 
The parties have been arrested. 

In some cases indictments could not be obtained, because 
an impartial,, honest Grand Jury could not be found. In 
others such a petit jury, for the same cause, could not be 
had to convict. In others the offender has been rescued. 
The power to punisli, therefore, in these instances, did not 



32 

exist. The citizens of the only constitutional place for trial 
and punishment practically set at naught the laws. They 
acknowledged a higher law. They thought the slave trade 
moral — the breach of the neutrality acts, patriotism. The 
one extended the area of a favored institution, and in time 
would Christianize its victims — the other extended the 
area of freedom, and in time would make liberty universal. 

But the acts, notwithstanding, were crimes, and should 
be punished. No, say our modern constitutional ex- 
pounders. No, say Senators. They are not crimes, what- 
ever may be the law on the statute book, because there is 
no potential legal mode to try and punish them, the mere 
machinery of the law, in that particular, is defective, the 
whole vicinage being tainted, and participating or sympa- 
thizing with the offence and offender, impunity is secured, 
and impunity converts crime into virtue. 

As well might the thief or murderer who so cunningly 
steal or kills as to escape detection, rely upon his cunning 
as a moral and legal justification. The whole theory shocks 
common sense. It is not punishment which makes the 
crime. It is the wrong, the illegality of its perpetration. 
The question of punishment arises after the crime is com- 
mitted, and exists wholly irrespective of subsequent detec- 
tion and punishment. If, then, secession is a crime — is 
treason against the United States — it will remain so forever, 
whether the latter succeeds in dealing with it as the law 
requires or not. 

Again, it is maintained that the right to secede exists, 
first, because it is reserved; secondly, because it is not pro- 
hibited. 

It is said to be reserved. For this the ninth and tenth 
articles of the Constitution are relied upon. 

The first is evidently designed to exclude the conclusion 
that the enumeration in the instrument of certain rights 
to the people, the citizens, as such, in their individual 
character, is to be held ''to deny or disparage others 
retained by the people." It has nothing to do with State 
sovereignty or power at all. 



33 

The second, so far from sustaining the doctrine, clearly 
refutes it. It is read as if it reserved to the States, or the 
people, all rights not prohibited by it to the States, Such 
is not, however, its language or its purpose. 

It certainly does not reserve rights prohibited, but it 
does more, and if it had not, the whole scheme of govern- 
ment would have failed at once. Certain powers, with a 
view to the benefit of all, were found indispensable to be 
vested in the Government. For want of these, the whole 
were suffering great, and, as was believed, if not obviated, 
fatal mischief. These powers in their very nature were 
such as the States could not beneficially oxei'cise. They 
were to be vested, therefore, if to exist at all, in the Gov- 
ernment. To reserve them to the States, or the people of 
the States, would destroy the very object of placing them 
elsewhere. The amendment, therefore, does not do such a 
silly, suicidal act. The powers delegated are not reserved. 
On the contrary, these, by the very words of the amend- 
ment, are as clearly excluded as the power prohibited. 

The language is "the powers not delegated to the United 
States by the Constitution," &c. are reserved. A delegated 
power consequently, like a prohibited power, is not within 
tlie reservation. 

If, therefore, the Constitution delegates to the Govern- 
ment certain poAvers to be executed in a State, she has no 
right to resist them under this amendment. The fact of 
delegation, as well as the fact of express prohibition, is the 
exclusion of all State power. 

If then the Constitution is in any sense a compact, it is 
a compact creating and establishing a government, and its 
powers are as supreme and exclusive as if they had been 
vested and established by the whole people in the aggregate. 

But it is in no sense a compact, except as every govern- 
ment is a compact, implied in the correlative obligations of 
protection and allegiance. This is clear upon tlie authority 
of tlie great names that assisted in forming it. 

The doctrine of compact in the days of South Carolina 
nullification, (she has been before restive and troublesome, 
perhaps from not having much else to do tlian to theorize 
5 



34 

and grumble and scold,) was relied upon in support of that 
heresy. Ever alive to the fame of a work in great measure 
his own, Mr. Madison, in a few masterly letters, rich with 
the perspicuity of his style, and with the patriotism which 
ever adorned him, exposed its fallacy to a demonstration. 
His motives were beyond suspicion, if unworthy motives 
could ever have been attached to his pure nature. His 
public career was run. He had greatly contributed to his 
country's prosperity and renown, in every high official sta- 
tion. He had seen the various defects of the Confederation, 
and to correct them, had successfully exerted his transcen- 
dent abilities in establishing for us the Constitution which 
he came from his honored retreat to defend. His years 
were many; his race on earth nearly at an end. But he 
loved his native land with all his original ardor, and seeing 
how sure the doctrine was to involve it in the calamities 
certain to have resulted from the government which the 
Constitution displaced, and displaced in order to avoid, he 
exposed and denounced it as a fatal heresy, full of the very 
perils which it was the very purpose of the Convention to 
avert. I have not time to give you more than an extract 
or two from the correspondence. But these will be enough 
for my object. Writing to Mr. M. L. Hurlburt in May, 1830, 
who had sent him a pamphlet of his own on the subject, he 
says, in order to discover its true nature: 

'^'The facts of the case which must decide its true charac- 
ter, a character without a prototype, are that the Constitu- 
tion was created by the people, but by the people as com- 
posing distinct States and acting by a majority of each ; 
that, being derived from the same source as the Constitu- 
tion of the States, it has within each State the same au- 
thority as the Constitution of the State, and is as much a 
Constitution, in the strict sense of the term, as the Consti- 
tution of the State; that, being a compact among the States 
ia their highest sovereign capacity, and constituting the 
people thereof one people for certain purposes, it is not 
revocable or alterable at the will of these States individu- 
ally, as the Constitution of a State is revocable and alter- 
able at its individual will. 



35 

"That the sovereign or supreme powers of government 
are divided into the separate depositories of the Govern- 
ment of the United States and the Governments of the 
individual States. 

*'That the Government of the United States is a Govern- 
ment, in as strict a sense of the term, as the Governments 
of the States: being, like them, organized into a legisla- 
tive, executive and judicial department, operating^, like 
them, directly on persons and things, and having, like 
them, the command of a physical force for executing the 
powers committed to it." 

He writes Mr. Kives, in December, 1828: ''Were some 
of the Southern doctrines latterly advanced valid, our 
political system would not be a government, but a mere 
league, in which the members have given up no part what- 
ever of their sovereignty to a common government, and 
retain, moreover, a right in each to dissolve the compact 
wdien it pleases. It seems to be forgotten, that in the case 
of a mere league there must be as much right on one side 
to assert and maintain its obligations as on the other to 
cancel it, and prudence ought to calculate the tendency of 
such a conflict. It is painful to observe so much real talent, 
and at bottom, doubtless, so much real patriotism, as pre- 
vail in the Southern quarter, so much misled by the sophis- 
try of the passions." 

To Mr. N. P. Trist, February, 1830: 

"The Constitution of the United States divides the sov- 
ereignty, the portions surrendered by the States composing 
the Federal sovereignty of each over specified subjects; the 
portions retained forming the sovereignty of each over the 
residuary subjects within its sphere. If sovereignty cannot 
be thus divided, the political system of the United States is 
a chimera; mocking the vain pretensions of human wis- 
dom. If it can be so divided, the system ought to have a 
fair opportunity of fulfilling the wishes and expectations 
which cling to the experiment. 

" Nothing can be more clear than that the Constitution 
of the United States has created a Government, in as a 
strict sense of the term as the Governments of the States 



36 

created by their respective Constitutions. The Federal 
Government has, like the State Governments, its legislative, 
its executive, and its judiciary departments. It has, like 
them, acknowledged cases in which the powers of these 
departments are to operate. And the operation is to be 
directly on persons and things in the one Government as in 
the otlier." 

In the same letter, he said, considering it but as a com- 
pact : 

" Applying a like view of the subject to the case of the 
United States, it results, that the compact being among 
individuals as embodied into States, no State can at pleasure 
release itself therefrom and set up for itself. The compact 
can only be dissolved by the consent of the other parties, or 
by usurpations or abuses of power justly having that effect. 
It will hardly be contended that there is anything in the 
terms or nature of the compact authorizing a party to dis- 
solve it at pleasure. 

"It is indeed inseparable from the nature of a compact that 
there is as much right on one side to expound it, and to 
insist on its fulfilment according to that exposition, as there 
is on the other, so to expound it as to furnish a release from 
it ; and that an attempt to annul it by one of the parties 
may present to the other an option of acquiescing in the 
amendment or of preventing it, as the one or the other 
course may be deemed the lesser evil. This is a considera- 
tion which ought deeply to impress itself on every patriotic 
mind, as the strongest dissuasion from unnecessary ap- 
proaches to such a crisis. 

''What would be the condition of the States attached to 
the Union and its government, and regarding both as essen- 
tial to their well-being, if a State placed in the midst of 
them were to renounce its Federal obligations, and erect 
itself into an independent and alien nation? Could the 
States North and South of Virginia, Pennsylvania, or New 
York, or of some other States, however small, remain asso- 
ciated and enjoy their present happiness, if geographically, 
politically and practically thrown apart by such a breach of 
the chain which unites their interests and binds them 



37 

together as neighbors and fellow-citizens? Itcouhl not be. 
The innovation wonld be Altai to the Federal Government, 
fatal to the Union, and lata! to the hopes of liberty and 
humanity^ and presents a catastrophe at which all ought to 
shudder. 

"Without identifying the case of the United States with 
that of individual States, there is at least an instructive 
analogy between them. What would be the condition of 
the State of New York, of Massachusetts, or of Pennsylva- 
nia, for example, if portions containing their great com- 
mercial cities, invoking original rights as paramount to 
social and constitutional compacts, should elect themselves 
into distinct and absolute sovereignties ? In so doing they 
would do no more, unless justified by an intolerable oppres- 
sion, than would be done by an individual State as a por- 
tion of the Union, in separating itself without a like cause 
from the other portions. Nor would greater evils be inflicted 
by such a mutilation of a State on some of its parts than 
miglit be felt by some of the States from the separation of 
its neighbors into absolute and alien sovereignties." 

And lastly, he writes Mr. Webster, in May, 1830, who 
had sent him his speech on Foot's resolution : 

" I had before received more than one copy from other 
sources, and had read the speech with a full sense of its 
powerful bearing on the subjects discussed, and particularly 
its overwhelming effect on the nullifying doctrine of South 
Carolina." 

How clear, how convincing are all these to show the utter 
unsoundness of the doctrine, in the opinion of one so emi- 
nently fit to give us the true meaning of the Constitution 
from having largely assisted in framing it, in expounding 
it, in commending it to the adoption of the people, and 
administering it with unsurpassed ability in almost every 
department of the public service, including the very highest. 
How pale do the small, feeble lights of the present day 
appear in the presence of such a luminary ! How unreli- 
able and unauthoritative our modern sciolists, compared 
with one who, deeply imbued with all the knowledge that 
makes the accomplished statesman, had converted it almost 



38 

into a part of his very nature, from a daily application of 
it in the promotion of his country's welfare, and the main- 
tenance and perpetuation of the noble form of Government, 
which he had done so much to establish. Looking at it 
with the eye of a patriot and with a knowledge of the un- 
paralleled blessings it had conferred on his country, he con- 
strued it so as to preserve it. He did not with the acuteness 
of a special pleader, try to discover defects fatal to its con- 
tinuance. His mind, though the law was his early study, 
had not been cabined within technical limits. Though 
astute, it was comprehensive. 

The law he only knew as it was connected with the 
character and duties of the statesman. He never dreamed, 
who does who is competent to the task, of construing the 
Constitution of a great nation, as you would an indictment 
to rescue a culprit. His object was to preserve and enforce 
it, not to escape from it by little technical subterfuges. He 
wished to perpetuate, not to destroy. He gave no counte- 
nance to a doctrine, an "innovation" which "would be fatal 
to the Federal Government, fatal to the Union, and fatal to 
the hopes of liberty and humanity, and present a catas- 
trophe at which all ought to shudder," 

Mr. Webster and Mr. Adams, too, have been invoked to 
support tlieheres}'. What desecration ! If their spirits had 
been permitted to revisit the Senate Chamber, so often the 
theatre of their fame and glory, and to have heard the invo- 
cation, can you not imagine the sternness and indignation 
with which they would instantly have rebuked so unfounded 
an imputation on their wisdom and patriotism — Webster 
the advocate or the apologist of secession? His speech 
already referred to of January, 1830, in almost every line 
of it, denounces the doctrine. Which of you has failed to 
read that speech, and to be convinced? It will remain for- 
ever a crushing answer to the heresy. And as it has ever 
since been, so it will ever continue to be^ the brightest gem 
in the patriotic literature of the age. 

Secession — peaceable, constitutional secession — asserted 
even in the Senate Chamber on the authority of Daniel 
Webster. Hear what he thought of it. In 1850, as in 



39 

1830, the country was threatened with destruction. The 
error again ventured to sliow itself. Its disciples once more 
rallied to its support. Do you remember his 7th of March 
speech? Let me recall a part of its lofty eloquence and its 
more lofty patriotism: 

"I hear, with pain and anguish and distress, the word 
secession, especially when it falls from the lips of those who 
are eminently patriotic, and known to the country and 
known all over the world for their political services. Seces- 
sion! Peaceable secession! Sir, your eyes and mine are 
never destined to see that miracle. The dismemberment of 
this vast country without convulsion! The breaking up of 
the fountains of the great deep without ruffling its surface! 
Who is so foolish, I beg everybody's pardon, as to expect 
to see any such thing? Sir, he who sees these States, now 
revolving in harmony around a common centre, and expects 
to see them quit their places and fly off without convulsion, 
may look the next hour to see the heavenly bodies rush 
from their spheres and jostle against each other in the 
realms of space, without producing the crush of the uni- 
verse. 

"There can be no such thing as a peaceable secession. 
Peaceable secession is an utter impossibility. Is tl)e great 
Constitution under which we live here — covering this whole 
country — is it to be thawed and melted away by secession 
as the snows on the mountain melt under the influence of a 
vernal sun — disappear almost unobserved and die off? No, 
sir! no, sir! I will not state what might produce the dis- 
ruption of the States; but, sir, l see it as plainly as I see 
the sun in heaven — I see that disruption must produce such 
a war as I will not describe, in its two-fold characters. 

"Peaceable secession! peaceable secession! The concur- 
rent agreement of all the members of this great Ptepublic to 
separate! A voluntary separation with alimony on one side 
and on the other! Why, what would be the result? Where 
is the line to be drawn? What States are to secede? What 
is to remain American? What am I to be? — an American 
no longer? Where is the flag of the Piepublic to remain? 
Where is the eagle still to tower? or is he to cower, and 
shrink and f^iU to the ground? 



40 

"Why, sir, our ancestors — our fathers and our grand- 
fathers — those of them that are yet living among us with 
prolonged lives would rehuke and reproach us; and our 
children and our grandchildren would cry out shame upon 
us! if we, of this generation, should dishonor these ensigns 
of the power of the Government and the harmony of the 
Union which is every day felt among us with so much joy 
and gratitude. What is to become of the army? W^hat is 
to become of the navy? What is to become of the public 
lands? How is each of the thirty States to defend itself? 
I know, although the idea has not been stated distinctly, 
there is to be a Southern Confederacy. 

"■ I do not mean, when I allude to this statement, that 
any one seriously contemplates such a state of things. I 
do not mean that it is true, but I have heard it suggested 
elsewhere, that that idea has originated in a design to sepa- 
rate. I am sorry, sir, that it has ever been thought of, 
talked of, or dreamed of^ in the wildest flights of human 
imagination. But the idea must be of a separation including 
the Slave States upon one side, and the Free States on the 
other. 

"Sir, there is not — I may express myself too strongly 
perhaps — but some things, some moral things, are almost 
as impossible as other natural or physical things; and I 
hold the idea of a separation of these States — those that are 
free to form one Government, and those that are slavehold- 
ing to form another, as a moral impossibility. We could 
not separate the States by any such line if we were to draw 
it. We could not sit down here to-day and draw a line of 
separation that would satisfy any five men in the country. 

"There are natural causes that would keep and tie us 
together, and there are social and domestic relations which 
we could not break, if we would, and which we should not 
break, if we could. Sir, nobody can look over the face of 
this country at the present moment — nobody can see where 
its population is most dense and growing — without being 
ready to admit, and compelled to admit, that ere long 
America will be in the valley of the Mississippi. 

" Well, now, sir, I beg to inquire what the wildest enthu- 



41 

siast lias to say on the possibility of cutting off that river, 
and leaving Free States at its source and its branches, and 
Slave States down near its mouth? Pray, sir; pray, sir, 
let me say to the people of this country, that these things 
are worthy of their pondering and of their consideration. 
Here, sir, are five millions of freemen in the Free States 
north of the river Ohio. Can anybody suppose that this 
population can be severed by a line that divides them from 
the territory of a foreign and alien Government, down 
somewhere, the Lord knows where, upon the lower banlcs 
of the Mississippi ? 

"What will become of ^Missouri ? Will she join the 
arondissement of the Slave States? Shall the man from 
the Yellow Stone and the Platte be connected in the new 
Republic with the man who lives on the southern extremity 
of the Cape of Florida? Sir, I am ashamed to pursue this 
line of remark. I dislike it — I have an utter disgust for it. 
I would rather hear of natural blasts and mildews, war, 
pestilence and famine, than to hear gentlemen talk of seces- 
sion. To break up! to break up this great Government! to 
dismember this great country! to astonish Europe with an 
act of folly such as Europe, for two centuries, has never 
beheld in any Government! No, sir! no, sir! There will 
be no secession. Gentlemen are not serious when they talk 
of secession.'" 

The Supreme Court, too, speaking through each of its 
great chiefs, Marshall and Taney, repels the doctrine. 

In the case of McCulloch and Maryland, the first of 
these, as the organ of the whole Court, rejected it in clear 
terms. The very foundation, the only one on which it can 
for a moment stand, is, that the Constitution is a compact, 
and not in the usual and sovereign sense of the word, a 
government. Let me read you how he disposed of this: 

''Li discussing this question, (the question of compact,) 
the counsel for the State of Maryland have deemed it of 
some importance, in the construction of the Constitution, 
to consider that instrument as not emanating from the 
people, but as the act of sovereign and independent States, 
The powers of the General Government, it has been said, 
G 



42 

are delegated by tlie States, who alone are truly sovereign ; 
and must be exercised in subordination to the States, who 
alone possess supreme dominion. 

"It would be difficult to sustain this proposition. The 
Convention which framed the Constitution was indeed 
elected by the State Legislatures. But the instrument 
when it came from their hands was a mere proposal, with- 
out obligation, or pretensions to it. It was reported to the 
then existing Congress of the United States, with a request 
that it might 'be submitted to a Convention of Delegates, 
chosen in each State by the people thereof, under the recom- 
mendation of its Legislature, for their assent and ratifica- 
tion.' This mode of ftroceeding was adopted, and by the 
Convention, by Congress, and by the State Legislatures, 
the instrument was submitted to the people. They acted 
upon it in the only manner in which they can act safely, 
effectively, and wisely, on such a subject, by assembling in 
Convention. It is true, they assembled in their several 
States — and where else should they have assembled? No 
political dreamer was ever wild enough to think of breaking 
down the lines which separate the States, and of com- 
pounding the American people into one common mass. Of 
consequence, when they act, they act in their States. But 
the measures they adoj)t do not, on that account, cease to be 
the measures of the people themselves, or become the 
measures of the State Governments. 

"From these Conventions the. Constitution derives its 
whole authority. The Government proceeds directly from 
the people; is ordained and established in the name of 
the people, and is declared to be ordained, 'in order to 
form a more perfect union, establish justice, ensure domes- 
tic tranquility, and secure the blessings of liberty to them- 
selves and to their posterity.' The assent of the States, in 
their sovereign capacity, is implied in calling a Convention, 
and thus submitting that instrument to the people. But 
the people were at perfect liberty to accept or reject it; and 
their act was final. It required not the affirmance, and 
could not be negatived by the State Governments. The 
Constitution, when thus adopted, was of complete obliga- 
tion, and bound the State sovereignties, 



43 

''It lias been said tliat tlie people had already surren- 
dered all their powers to the State sovereignties, and had 
nothing more to give. But, surely^ the question whether 
they may resume and modify the powers granted to the 
Government does not remain to be settled in this country. 
Much more might the legitimacy of the General Govern- 
ment be doubted, had it been created by the States. The 
powers delegated to the States sovereignties were to be 
exercised by themselves, not by a distinct and independent 
sovereignty, created by themselves to the formation of a 
league, such as was the confederation, the State sovereign- 
ties were certainly competent. But when ^in order to form 
a more perfect Union,' it was deemed necessary to change 
this alliance into an effective Government, possessing great 
sovereign powers, and acting directly on the people, the 
necessity of referring it to the people, and of deriving its 
powers directly from them, was felt and acknowledged by 
all. 

"The Government of this Union, then, (whatever may 
be the influence of this fact on the case,) is emphatically 
and truly a Government of the people. In form and in 
substance it emanates from them. Its powers are granted 
by them, and are to be exercised directly on them, and for 
their benefit." 

The principle here adjudged was over and over again, 
under the administration of the same great Judge, main- 
tained as the settled judgment of the Court, and without a 
dissenting voice. 

It has with equal clearness, uniformity and force, been 
upheld since Chief Justice Taney became the presiding 
ornament of that high tribunal. It was involved in the 
case of the United States and Booth, in 21st Howard. In 
that instance the State of Wisconsin, through its Courts, 
resisted the authority of the United States, and denied the 
validity of an act of Congress, constitutionally passed. It 
was the object of the writ of error to have the judgment 
reviewed. The supremacy of the General Government was 
again denied. The alleged inherent sovereignty of the 
State was again asserted, and the conduct of Wisconsin 



M 

vindicated ou those grounds. The Court unanimously, 
through the chief, said what I will read to you : 

''The Constitution was not formed merely to guard the 
States against danger from foreign nations, but mainly to 
secure union and harmony at home, for if this object could 
be attained, there would be but little danger from abroad ; 
and to accomplish this purpose, it was felt by the statesmen 
who framed the Constitution, and by the people ivho 
adopted it, that it v/as necessary that many of the rights of 
sovereignty wliich the States then possessed should he ceded 
to the General Government ; and that in the sphere of action 
assigned to it, it should he supreme and strong enough to 
execute its own laws hy its own trihunals ivithout interrup- 
tion from a State or from State authorities. And it was 
evident that anytliing short of this would be inadequate to 
the main objects for which the Government was established, 
and that local interests, local passions or prejudices, incited 
and fostered by individuals for sinister purposes, would 
lead to acts of aggression and injustice by one State upon 
the rights of another^ which would ultimately terminate in 
violence and force^ unless there was a common arbiter 
between them, armed with power enough to protect and 
guard the rights of all, by appropriate laws, to be carried 
into execution peacefully by its judicial tribunals. 

"The language of the Constitution by which this power 
is granted, is too plain to admit of doubt or to need com- 
ment. It declares that 'this Constitution and laws of the 
United States which shall be passed in pursuance thereof, 
and all treaties made, or which shall be made under the 
authority of the United States, shall be the suiDreme law of 
the land, and the judges in every State shall be bound 
thereby, any thing in the Constitution or laws of any State 
to the contrary notwithstanding.' 

"This tribunal, therefore, Avas erected, and the powers 
of which we have spoken conferred upon it, not by the 
Federal Government, but by the people of the States, who 
formed and adopted that Government, and conferred upon 
it all the powers, legislative, executive and judicial, which 
it now possesses," 



45 

1 will not detain you longer by rel'ei'ring lurtlicr to the 
authority of our best and greatest men in opposition to the 
heresy. 

I will but add this further suggestion. 

The obligation of a State whilst in the Union, to submit 
to the authority of the Union, is admitted by all. She is 
bound to this, not onl}- because of the powers delegated to 
the government of the Union, but because of the express 
restraints uj^on her own. This obligation, created with 
the consent of herself or of her people, and conceded to be 
in full force whilst she is in the Union and to be then 
beyond her power, it is asserted on the strength of the 
secession heresy, that she can at any time, at her own good 
pleasure, in the exercise of her own exclusive discretion, 
and not only Avithout but against the consent of all the 
other States and their citizens, and of the minority of her 
own citizens, honorabl}^ legally, constitutionally escape 
from, by retiring from the Union. 

As long as she is a member, the Constitution and the 
laws are binding on her, and may bo legally enforced. 
The moment she ceases to be one, though the cause be only 
her own will, they are not binding and cannot be so en- 
ibrced. How idle the careful provisions in the Constitu- 
tion, to procure obedience to its rightful authority by the 
citizens individually of all the States, and by the States 
themselves, where that action is necessary, to the continu- 
ance of the Government, if all can be avoided and nullified 
by the single act of State secession. The folly of the pro- 
position is so gross that it is difficult to see how a sound 
mind can entertain it, even for a moment. And yet it is 
entertained by men wise on all other subjects, and as patri- 
otic as they are wise. It is but another illustration, to the 
many that history supplies, how the finest intellect and the 
purest heart at times falls even into mischievous absurdities. 
But I leave the subject for another. 

A few months since no people were happier than ours — 
none more prosperous or more respected by the world. In 
that short period what a sad reverse; all now is apprehen- 
sion — solicitude fills the land — private enterprise is para- 



46 

lyzed — every indiistrioiis pursuit is suffering; individual 
credit, so vital to prosperity, is almost gone. National 
credit, yet more vital, almost totally lost; war, civil war, 
greatl}' imminent; bitter hostility of section disgracefully 
and dangerously prevailing; and our Government itself, 
the very citadel of our safety — the chief source of our past 
countless blessings, in certain quarters despised, reviled 
and threatened with destruction. 

To what is all this to be referred? Within that time no 
oppressive or unconstitutional act has been done by Con- 
gress or the Executive, or any other that even tends to in- 
jure States or people; and no act has been done by a single 
State having that tendency. 

The Government of the United States, as such, has com- 
plied with all its obligations to the States and people. 
There is not on the statute book a single law affecting the 
peculiar institution of labor in the Southern States, except 
for its protection — a fugitive labor act is there, passed for 
that very purpose, drafted by a Southern Senator, sup- 
ported, I believe, by every Southern member of Congress, 
and apparently quite adequate to its end. The United 
States, in every instance;, have exerted, when called upon, 
and effectually, their entire force for its faithful execution. 
The State laws conflicting with it, or designed, or serving 
to defeat or embarrass it, were all passed long since. There 
is no present occasion for re-opening the Territorial contro- 
versy. The status of our existing Territories would seem 
to be ultimately fixed, even by nature's laws ; and there is 
no present prospect of future acquisitions. 

Tariff laws, incidentally protecting manufactures, are 
co-eval with the Government, and have never actually 
interfered with the welfare of any State. The whole nation 
has either by their aid^ or in spite of them, prospered 
throughout its entire limits, as was never paralleled in 
any other that ever existed. 

Why, then, I again ask, the present dread of disunion? 

Is it the election, in a perfectly Constitutional mode, of 
a citizen as President^ who is thought to hold principles 
fatal to Southern rights? Suppose he does; will he not be 



47 

impotent for liavm ? His powers for any sucli purpose are 
subordinate to those of Congress, and the action of both, if 
illegal, can be revised and annulled by a patriotic Judici- 
ary, which has ever shown itself capable and willing to 
uphold, with even hand, the rights of all the States. 

But is the President elect so hostile to Southern rights ? 
I do not deem it necessary or advisable, in the present ex- 
cited state of the South, to hunt up what he may have said 
in an electioneering canvass. One thing I know, the South 
did not always view him as specially dangerous, for cer- 
tainly they did not pursue the course the best, if not the 
only one, even promising to defeat his election. A speech 
in the Senate, that became at once a Southern and a 
Northern campaign document, used to defeat in the one 
section Judge Douglas, and in the other to promote the 
cause of Mr. Lincoln, was made by Mr. Benjamin, in May, 
1860, with his specious ability and pleasing eloquence. 
That gentleman on that occasion endeavored to show that 
Mr. Lincoln was more conservative and true to the South 
than Mr. Douglas. 

Keferring to the Senatorial contest which they had re- 
cently had in Illinois, he said what I read to you. "In 
that contest tlie two candidates for the Senate of the United 
States, in the State of Illinois, went before their people. 
They agreed to discuss the issues ; they put questions to 
each other for answer ; and I must say here, for I must be 
just to all, tliat I have been surprised in tlie examination 
that I made again, luithin the last feio days, of this discussion 
between 3Ir. Lincoln and Mr. Douglas, to find that 3Ir. Lin- 
coln IS A FAR MORE CONSERVATIVE MAN, unlcss he has sincc 
changed his opinions, than I had supjiosed him to he. There 
was no dodging on his part. Mr. Douglas started with his 
questions. Here they are witli Mr. Lincoln's answers : 

"Question 1. — I desire to know whether Lincoln to-day 
stands as he did in ]854, in favor of the unconditional re- 
peal of the Fugitive slave law ? 

" Answer. — I do not now, nor ever did, stand in fiivor of 
the unconditional repeal of the Fugitive Slave law. 

" Question 2. — T desire liini to answor whether lie stands 



48 

pledged to-day, as he did in 1854, against the admission of 
any more slave States into tlie Union, even if the people 
want them ? 

"'Answer. — I do not now, nor ever did, stand pledged 
against the admission of any more slave States into the 
Union. 

"" Question 3. — T want to know whether he stands pledged 
against the admission of a new State into the Union with 
such a Constitution as the people of that State may see fit 
to make ? 

" Answer. — I do not stand pledged against tlie admission 
of a State into the Union with sucli a Constitution as the 
people of that State may see fit to make. 

" Question 4. — T want to know whether he stands to-day 
pledged to the abolition of slavery in the District of Colum- 
bia ? 

" Answer. — I do not stand to-day pledged to the abolition 
of slavery in the District of Columbia. 

" Question 5. — I desire him to answer whether he stands 
pledged to the prohibition of the slave trade between the 
different States ? 

" Answer. — I do not stand pledged to the prohibition of 
tlie slave trade between the different States, 

" Question 6. — I desire to know whether lie stands 
pledged to prohibit slavery in all the Territories of the 
United States, North as well as South of the Missouri Com- 
promise line? 

" Answer. — I am impliedly, if not expressly, pledged to 
a belief in the rigid and duty of Congress to prohibit slavery 
in all tlie United States' Territories, 

" Question 7. — I desire him to answer whether he is op- 
posed to the acquisition of any new Territory unless slavery 
is first proliibited therein ? 

" Answer. — I am not generally opposed to honest acqui- 
sition of Territory, and in any given case I would or would 
not oppose such acquisition, accordingly as I might think 
such acquisition would or would not aggravate the slave 
question among ourselves." — Debates of Lincoln and Doug- 
las, p. 88. 



49 

The distinguished Senator evidently did not then think, 
he certainly did not even intimate, that these opinions of 
the President elect were so unconstitutional and violative of 
Southern rights as to justify revolution on the contingency 
of his election. On the contrary, they were produced and 
relied upon to satisfy the South that he would he truer to 
her than Douglas. And yet, who supposes that if the lat- 
ter had been the choice of the people, the present troubles 
could or would have been produced ? 

Nor, in truth, is there anything in his opinions so clearly 
wrong as to cause alarm. They are, in some particulars, 
in my judgment unsound and mischievous, but not so mis- 
chievous as to warrant serious apprehension^ or — before he 
is even permitted to explain his actual policy — to justify or 
excuse revolution — the destruction of the Government. 
Singular idea, that because possibly he may advise and be 
able to carry measures calculated to destroy it, that the 
safety and duty of the South warrant them in destroying it 
themselves, in advance. How men, loyal to the Union and 
anxious for its preservation, can so reason, is incomprehen- 
sible. There are, no doubt, in some States enemies of the 
Government, life-long enemies, resolved at all hazards to 
effect its ruin, and who have been plotting it for years. But 
these are not to be found in Maryland. Here, thank God, 
such disloyalty never obtained even a foothold. 

We may differ now as to the exact course to be pursued, 
but we differ only as to the best means of accomplishing a 
common purpose — the Union's safety. In this particular I 
have differed, and still perhaps differ, with friends whose 
fealty to the Union is as strong and abiding as it can be in 
any American heart. Let us, therefore, casting aside all 
prior differences, mere party controversies, unite together 
as a band of brothers, and in good faith and with unflinch- 
ing firmness, rally around our noble State ; noble in her 
institutions ; noble in her Revolutionary history, noble in 
the great fame of her illustrious dead^ and resolve by all 
just and honorable means, by any fair and equitable adjust- 
ment of sectional controversies, to assist her in efforts to 
terminate the sad, dreadful strife which now imperils all we 
hold dear. Finally, is all hope lost — all remedy gone? I 
7 



50 

think not. The danger that is upon us has its origin, I 
think, in part to wrongs, and to wrongs on all sides. The 
North is the most to blame, hut the South is not blameless. 
It would be to no useful purpose to display the particulars. 
Criminations and recriminations, God knows, to the dis- 
honor of all, have progressed far enough and produced 
results bad enough. 

The violence of the press, the desecration of a part of the 
Northern pulpit, the scurrilous, insulting debates in Con- 
gress, the insidious and thieving interference with rights 
of property in the South, the libelous assaults upon the 
Supreme Court, for having been but faithful to Constitu- 
tional duty — the avowed purpose when the power should 
exist, to reconstruct it, for sectional ends degrading to the 
South and destructive of their rights, and finally the elec- 
tion of a President and Vice-President by an exclusive 
sectional vote, have in fact, fastened upon the public mind 
of most, if not of all the Southern States, a conviction that 
they owe it to their own honor, their own interests, their 
own safety, to have now, and at once, such amendments of 
the Constitution or other measures as they think will for- 
ever terminate the strife by effectually securing to them the 
equality of rights which they fully believe the Constitution 
was intended to secure to them. 

These principally relate to slave property, and an equal 
participation in the Territories. Is it possible that the 
North (by the North, I mean the Free States,) can be so 
wedded to theories, to philanthropical conceits, fanatical 
opinions, as to be willing to see the Union destroyed which 
has made them what tliey are, rather than to surrender 
their evidently abstract opinions for its preservation? Can 
it be, that they would rather see the President of their 
choice presiding only over a shattered fragment of this 
great nation than yield these impressions in a spirit of 
patriotic brotherhood? Can it be, that rather tliau yield, 
they will be the instruments of committing "treason against 
human hope?" 

Can it be, that rather than yield, they will subject to 
hazard of ruinous loss, if not certain ruin, every one of 
their industrial pursuits, and with them, in a great measure. 



51 

the comfort and happiness of themselves and their children? 
Can it be, that rather than yield, they would make strangers 
of friends, aliens of countrymen, common descendants of a 
boasted ancestry, bound together by every moral tie that 
the heart knows, enemies, instead of brothers? Can it be 
that they would rather deluge their native land in blood? 
No, no, I do not believe that it is in human nature so to 
act, and hence I do not despair. But how is safety to be 
obtained? In my judgment by the adoption of some such 
amendments of the Constitution as are proposed by the 
patriotic Crittenden, or the equally patriotic Corwin and his 
Committee. These would, I have the strongest reason for 
believing, satisfy the whole South, except South Carolina, 
whilst in her present phrenzy, and perhaps one or two others 
of the Cotton States equally crazed from over excitement. 
But the rest content, and the Union continuing with no 
abatement but of the few States, who doubts that ere long 
they will gladly come back within its sacred fold? 

They at present believe, or seem to believe, that they 
could prosper outside of it. Sad delusion — deprived of tlie 
rest, they would soon realize the fact that in the estimation 
of the world they were nothing — too feeble to resist aggres- 
sion, too limited, though left undisturbed, to attain even a 
partial prosperity. 

This is eminently true of South Carolina — one of the 
smallest of the States. Without soldiers, without seamen, 
or the elements with which to make them, without material 
physical resources, with nothing but the individual gallan- 
try of lier small population to give her consequence, she 
would at an early day dwindle into total insignificance. 

It is the Union which she now madly seeks to destroy 
that has given her all her past consequence. It is the 
Union that has conferred upon her all her past advantages, 
and given to her all her past protection. Custom houses, 
court houses, post offices, forts, light houses, buoys, have 
been hers through the Union alone, and at an expense far 
greater than all the revenue received from her, directly or 
indirectly. Some of these she may, in defiance of gratitude 
and duty, seize, and in mercy be permitted to hold, but the 
disbursements for their further use must be hers. And 



52 

these, in a short, a very short period, would make her a 
bankrupt. Already, if reports be true, is she sadly suffer- 
ing. Can she much longer adhere to the reckless course 
which produces it? Will the wise, reflecting, loyal part of 
her people much longer submit to it? No. She will be 
with us again. 

As Mr. Jefferson, on the 20th of October, 1820, when 
separation was then apprehended, wrote the late William 
Kush, "^it (the separation) will be but for a short time — 
two or three years trial will bring them back like quar- 
reling lovers, to renewed embraces and increased affection." 
Some of the sons of these States possibly look to a re-open- 
ing of the slave trade; some of them, we know, have often 
recommended it. Vain the hope ! The horrid traffic is 
condemned by the judgment of the civilized world, and 
accursed of God. The feeling against it in England and 
France is too strong to be disregarded by these governments, 
if they were so disposed, as they certainly are not. They 
would not permit its revival by these few feeble States, and 
if persisted in by them, would prohibit and punish it, even 
by war. 

Nor, unless the United States (for these would still remain) 
acknowledge their independence, would it be acknowledged 
by other nations. Their staples they could only ship in 
American or foreign vessels, sailing with the permission of 
the United States. Nor could they receive exports in any 
other mode. A more helpless isolation, or more degrading 
dependence, can hardly be conceived. It is impossible, 
therefore, but that these States will, sooner or later, be 
most happy to return, and be with us again. An early 
adjustment that will retain all the rest, and bind them 
even the closer together, would carry joy through the land. 

Even Massachusetts, so much given of late to sentimental 
politics and mischievous philanthropy, will be glad to 
adjust on fair terms. Of this I feel satisfied. A reaction 
of opinion has evidently already begun there. And who is 
not desirous to retain Massachusetts? Who can, without 
pain, meditate her possible loss to the Union ? The first 
blood in our first mighty conflict was shed on her soil, and 
the first blow there struck for and in the defence of the 



53 

rights of all. In the Senate, and in the field, throughout 
that great period, her sons were among the foremost in 
stirring eloquence, cheerful sacrifices and matchless daring. 
Their bones almost literally whitened the soil of every State, 
and the Stripes and Stars when in their hands were ever 
the certain pledge of victory or death. Who would sur- 
render Concord, Lexington, Bunker Hill? 

What American would give up the right to tread within 
the sacred precincts of Bunker Hill, and there to catch the 
patriotic. Union spirit, which is the very genius of the 
place? She may have recently, no doubt she has, gone 
astray. But her error has been but the excess of her 
virtue. Her love of freedom has caused her to forget that, 
unless restrained, it soon runs into licentiousness. Her 
love of freedom has caused her to forget that with us, and 
as their fathers taught, and all history teaches, that our 
freedom can only be truly enjoyed and promoted by observ- 
ing all the obligations of the Constitution. 

And I doubt not that she sees the danger now, and is 
prepared to sanction any measure necessary and proper to 
arrest it, and to make her in heart, as she is in interest and 
in duty, bound to observe in good faith all its engagements. 
South Carolina, too. Who is willing to part with her? 
Her great names, during the same classic period, won for 
her and for all, an undying fame. Her Moultries, Pink- 
neys, Kutledges, Haynes, Marions, Lawrences, do not 
belong to her alone — they are as much ours as hers ; as the 
fame of Washington is as much the property and pride of 
the world as of Virginia. She, too, is astray now, as she 
was once before. She now thinks herself out of the Union. 
But there is a common tie, however, for a moment imper- 
ceptible and inoperative, that still makes us hers, and hers 
ours. The tie of blood, of language, of religion, of love 
of Constitutional freedom, of a common ancestry, who in 
battle and in council were ever a band of brothers — deliber- 
ating, fighting, dying, for our joint liberty and happiness. 
Time, time, therefore, that great pacificator, can only be 
necessary to arouse all to duty — to unite us all — to bring 
us back to each other "to renewed embraces and increased 
affection." 



54 

How is that time to be had? I think we should await 
awhile longer the action of Congress. The most experienced 
and wisest of its members are daily, hourly, laboring to 
restore our peace. Success, I believe, will reward their 
efforts. But this failing, there is still ground of hope. 
Let the Border States unite in council and announce to the 
extremes of either section what they think should be done, 
for their own protection and the general safety, and in no 
boasting or disparaging spirit, but with affection and firm- 
ness, recommend it as the ground on which they are resolved 
to stand. 

I believe, yes, as firmly as I credit my own existence, 
that such a recommendation would be hailed every where 
with approval. That done the danger is over — peace re- 
stored — the Union, the glorious Union preserved, and all 
its countless blessings secured forever. 

It cannot be that such a Union can be destroyed. It 
cannot be that it is not beyond the reach, of folly or of 
crime. 

If asked when I should be for a dissolution of the Union? 
I answer as the patriotic Clay once answered, and as I know 
you will answer, "Never, never, never." 

Asked "when I'd rend the scroll 

Our fathers' names are written o'er, 
When I would see our flag unroll 

Its mingled stars and stripes no more; 
When, with worse than felon hand 

Or felon counsels, I would sever 
The Union of this glorious land? 

I answer — never, never ! never ! ! 

"Think je that I could brook to see 

The banner I have loved so long 
Borne piece-meal o'er the distant sea; 

Torn, trampled by a frenzied throng; 
Divided, measured, parcelled out, 

Tamely surrendered up forever, 
To gratify a soulless rout 

Of traitors? Never, never! never!!" 

Independent of ;the great recollections associated with it, 
the very country it embraces shows its necessity, and pro- 
mises and secures its immortality. Its mighty mountains, 
ranging for hundreds of miles through continuous States; 



55 

its noble bays, rivers, lakes, only to be prosperously or 
safely enjoyed under the protection of a common Govern- 
ment ; commerce, Avith other nations, and among States, 
so vital to the welftire of all; differences of climate and soil 
and labor and productions, each best for itself, and all vital 
to the whole. The necessity of a power adequate to the 
protection of all, as well as of each — of a rank in the com- 
munity of nations so high as to command respect, enforce 
rights and repel outrage, so important to all, demonstrates 
that God and nature intended us to be one. 

But whilst these efforts are being made to preserve it, 
and citizens on all sides are being brought to a sense of 
reason and duty, what is to be done ? Is civil war to com- 
mence ? Certainly not, unless it be brought on by further 
outrages on the clearest Constitutional rights. South Caro- 
lina has violently and most illegally, and, as loyalty says, 
traitorously, seized upon fortresses, the admitted property 
of the United States, bought and constructed with their 
money, and for their protection, and with her consent, and 
now threatens to seize the rest. But one other, Fort Sum- 
ter, is left. It stands protected by the National flag, and 
its defence, and the honor of the Nation, are, thank God, 
in the keeping of a faithful and gallant soldier. 

The name of Anderson already enjoys an anticipated im- 
mortality. Is that fortress to be surrendered? Is he to be 
abandoned ? Forbid it, patriotism ! Is that flag that now 
floats so proudly over him and his command — the pledge of 
his country's confidence, support and power, to succumb to 
the demands of an ungrateful, revolting State, or to be 
conquered by its superior accidental power ? I say, no, no — 
a thousand times no. The fortress must at all hazards be 
defended — the power of the National Standard preserved, 
and the national fame maintained. This has been already 
sadly neglected, no doubt with good motives, but from mis- 
placed confidence. It recently covered other spots that 
know it not now. Its place is supplied by one never known 
to the world, and never to be known. 

The Stripes and the Stars have long achieved a glorious 
name. They have been significant of power wherever they 
have waved, and commanded the respect and wonder of the 



56 

world. And yet, in a State that owes so much to it — whose 
sons have so nobly and so often fought under it — it has been 
torn down, and vainly sought to be disgraced and conquered. 
Vain thought! Hear how a native poet speaks of it : 

"Dread of the proud and beacon to the free, 
A hope for other lands — shield of our own, 
What hand profane has madly dared advance, 
To your once sacred place, a banner strange, 
Unknown at Bunker, Monmouth, Cowpens, York, 
That Moultrie never reared, or Marion saw? " 

If the cannon maintains the honor of our standard, and 
blood is shed in its defence, it will be because the United 
States cannot permit its surrender without indelible disgrace 
and foul abandonment of duty. I have now done, and in 
conclusion I ask you to do what I am sure you will cheer- 
fully and devoutly do — fervently unite with me in invoking 
Heaven, in its mercy to us and our race, to interpose and 
keep us one people under the glorious Union our fathers 
gave us till time itself shall be no more. 



LETTER FROM HON. J. J. CRITTENDEN. 

United States Senate, January 2d, 1861. 
Gentlemen, — I have just had the honor to receive your letter of the 
31st ultimo, inviting me to address a Union Meeting of your fellow- 
citizens of Maryland, soon to be held in the City of Baltimore. It is 
impossible that I could be insensible to the honor done me by such an 
invitation— and I thank you, gentlemen, for the very kind and com- 
plimentary terms in which you have urged my acceptance of that 
invitation. 

Yet it is not in my power to accept it. My health is not just now 
very good, — that I could disregard, — but my duties so occupy me that 
I feel I ought not to withdraw myself from them for a day, while such 
vital questions are pending. 

You will be pleased, gentlemen, to make my excuse acceptable to 
your Union Meeting, and assure them of my sympathy, — my warm 
and cherished sympathy, — in all their sentiments. 

I have the honor to be, very respectfully, yours, &c. 

J. J. CRITTENDEN. 
Messrs. Wm. H. Collins, Wm. McKim, B. Deford, 
Wm. E. Hooper and Jos. Gushing, Jr. 



LIBRftRY OF CONGRP<;<: 



LIBRARY OF CONGRESS 



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